The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-04-12
THE RAILWAY LAW In COURT
A Federal Judge Passes Upon and Prac-
tically Nulllfies the First Section.
Himself-Ruling in the T., C. & ST. L.
Claims Cases-Railway Notes.
FIRST CASE IN COURT.
An Oregon Federal Judge Passes Upon til
First Section of the Law.

An Oregon Federal Judge Passes Upon the
First Section of the Law.
ST. LOUIS, April 1.-THE Globe Democrats
Portland, Ore, correspondent says that Judge
Deadly, in the United States Circuit Court of
Oregon, has rendered decision as to the scope
and range of the interstate commerce act. which
is of the highest Importance, and virtually null
lilies the act far affects railroads that are
competitors of water routes 1t makes clear the
distinction between commerce wholly within
the States and commerce between the States.
and also explains the limitations of the act as
carriage of goods between States by lines con-
Getting with, but acting independently Of each
other, and not receiving goods for continuous
carriage or shipment.
The case under consideration was that Of the
receiver of the Oregon & California Railroad
Company. Judge Deady's decision, as filed. is
rs follows:
The road of the Oregon & California Rail-
way Company is 400 miles in length, and lies
wholly within this State, between Portland and
Ashland. near the southern boundary thereof
1t is operated at present by receiver OF this
court heretofore appointed on the application
of the plaintiff. in the pending suit of Harrison
ct al. VS.. the Oregon 81 California Railway Com
pany, to enforce the lien of mortgage thereon
Koehler. filed petition in this court asking
for instructions whether the Oregon & Cali
fornia road is within the purview of the inter-
state-commerce act, lately passed by Congress,
when engaged in carrying freight destined to or
coming from point or place without the State
under the circumstances herein stated 1t ap-
pears from the petition that the receiver. acting
under the instructions of this court heretofore
given, has been and now is carrying wheat and
other agricultural products of the State destined
to San Francisco to certain points along the line of
the Oregon & California road, where there is
competition with the Oregon Pacific Railway
Company at special and lower rates than il des-
tined for Portland only; that such products
taken from Portland to San Francisco at spe
cial rate on the steamers of the Oregon Railway
& Navigation Company.
That said steamers also carry goods at special
rates on their return trips from San Francisco
to Portland, destined TO the points aforesaid
along the line of the Oregon g. California road,
consisting Of the products Of California, China,
the Hawaiian Islands and the Central and South
merican States, which goods are carried from
2 ortlaud on the Oregon 81 California road to the
places of their destination at special and lower
rates than those charged for goods shipped from
Portland for other and noncompeting points on
said road.
That the Oregon Pacific Railway Company is
op Grating a line of railway from Albany to va
gu ina bay, Oregon, in conjunction with line of
stt ,amers from the latter place and San Fran
els 20, and is avowedly carrying and offering to
carry freight to and from San Francisco and
portions of the country traversed by the road
Of the Oregon California company at cost.
an that unless the receiver is allowed to make
special rate for freight between the points on
t!1a Oregon q California road subject to this
competition, and San Francisco said road will
not be able TO retain it's share of this business
That although the Oregon Railway and Nav
is ation Company and the receiver OF the Oregon
d California road in making special rates as
aforesaid purpose to obtain. each for itself. the
carriage of goods which otherwise they might
lose. yet there is no agreement or guarantees be-
tween them the subject nor is such freight
ever shipped on through bill of lading, or the
one partyin any way liable for the default or mis-
Carriage OF the other in respect thereto, but
each for itself carries the same over its own
rol ite-lt being represented to and understood
by the shippers that if they send such goods
by these lines OF transportation they will be car
rice over each at a certain reduced rate, and
thS the Oregon 81 California road and tho Ore
goi, Railway & Navigation steamers are not
un der any common control management or ar
RAJ 1eement for continuous carriage or ship
me Mt IN any manner. unless the facts herein
ste ted make them so, and on this point the re-
GET YER prays the advice and direction of the
COT ,rt.
I The first section Of the act reads as follows:
That the provisions of this act shall apply TO
any common carrier carriers engaged in the
ira deportation OF passengers or property wholly
by railroad, or partly by railroad and partly by
wal er when both are used, under common con-
troll management or arrangement, for a con-
INT Gus carriage or Shipment from one state or
Ter irtory of the United States or District of
Coli mbia to any other State or Territory of the
Uni led States or the District of Columbia, or
iron any place in the United States to an ad ia
cent foreign country, from any place in the
Uni, I'D States through foreign country to any
oth@p place in the United States. and also to the
tram iportation in like manner of property
Shipped from any place in the United States to a
forei cn country and carried from such place to a
port NJ trans-shipment, or shipped from for
eign country to any place in the United States
and Carried TO such place from port of entry iu
the United States or an nd iacent foreign coun
Try; provided. however. that the provisions OF
this ae shall not apply to the transportation OF
passen gers or property or to the receiving. de
iverin :, storage or handling OF property wholly
within one State, and not shipped TO from
foreign country from or to any State or Terri
tory AS aforesaid.
'ThG term railroad used in this act shall